Extra-Constitutional Devices for Centre-State Coordination

Advisory bodies conferences and similar arrangements form a category of Centre-state coordination that sits outside the text of the Constitution altogether. Alongside the constitutional devices that give the Union formal control over state administration, India's federal practice has grown a second layer of institutions — think-tanks, inter-governmental councils and periodic conferences — created by executive decision rather than constitutional mandate, to keep the Centre and the states talking to each other on an ongoing basis.

Constitutional Devices, for Contrast

Before turning to the extra-constitutional layer, it helps to see what the Constitution itself already provides. Article 355 places two duties on the Centre: to protect every state against external aggression and internal disturbance, and to ensure that the government of every state is carried on in accordance with the Constitution. The Governor of a state, though the constitutional head of the state, is appointed by the President, holds office during the President's pleasure, and also functions as an agent of the Centre, submitting periodic reports on the state's administrative affairs. Even the State Election Commissioner, though appointed by the Governor, can be removed only by the President. These are constitutional devices — they rest directly on provisions of the Constitution.

What Makes a Device "Extra-Constitutional"

In addition to such constitutional mechanisms, a number of advisory bodies and conferences held at the Central level promote cooperation and coordination between the Centre and the states without deriving their existence from any specific constitutional provision. They exist because the executive has chosen to create them, not because the Constitution requires them, and they can in principle be reshaped or replaced by executive decision alone.

NITI Aayog as the Leading Example

The principal non-constitutional advisory body of this kind today is NITI Aayog, which succeeded the Planning Commission. It functions as a "think-tank" providing the Central and state governments with strategic and technical advice across the spectrum of policy. Its stated purposes include putting an end to slow and tardy implementation of policy by fostering better inter-ministry coordination and better Centre-state coordination, helping evolve a shared vision of national development priorities, and fostering cooperative federalism on the premise that strong states make a strong nation. It is also meant to develop mechanisms for credible planning down to the village level, aggregating these progressively at higher levels of government, with particular attention to sections of society at risk of being left out of economic progress, and to build a knowledge, innovation and entrepreneurial support system through a collaborative community of national and international experts and practitioners.

The Inter-State Council: A Related, but Constitutional, Body

It is worth distinguishing NITI Aayog from a body it is often discussed alongside — the Inter-State Council. Unlike NITI Aayog, the Inter-State Council rests on Article 263 of the Constitution, which empowers the President to establish such a council. The Sarkaria Commission on Centre-state relations recommended that a permanent inter-state council be constituted for the duties set out in clauses (b) and (c) of Article 263, and even suggested it be styled an "Inter-Governmental Council" to distinguish it from other bodies that could be set up under the same Article. Acting on this recommendation, the Inter-State Council was created through the Inter-State Council Order, 1990, notified by a Presidential Notification dated 28 May 1990. Its membership includes the Prime Minister as Chairman, the Chief Ministers of all the states, the Chief Ministers of Union Territories with a Legislative Assembly, the Administrators of Union Territories without one, and six Union Cabinet Ministers nominated by the Prime Minister.

Continued Review of Centre-State Coordination

The broader question of how the Centre and states coordinate has itself been kept under periodic review. Building on the work of the Sarkaria Commission, the government set up a second Commission on Centre-State Relations on 27 April 2007 under the chairmanship of Justice M.M. Punchhi, a retired Chief Justice of India, to examine whether the coordination arrangements developed since the Sarkaria Commission's report needed updating.

UPSC Relevance

Prelims: Distinguish NITI Aayog and the Central conferences it is often grouped with (extra-constitutional) from the Inter-State Council (constitutional, under Article 263); know the year the Inter-State Council was set up (1990) and its basic composition.

Mains: Useful for GS2 answers on cooperative federalism and the machinery of Centre-state coordination, contrasting formal constitutional mechanisms (Article 355, the Governor's dual role, Article 263 bodies) with informal, executive-created advisory arrangements such as NITI Aayog.

FAQ

Q1. What are "extra-constitutional devices" for Centre-state coordination? Advisory bodies and conferences at the Central level that promote cooperation between the Centre and the states but are created by executive decision rather than by a specific provision of the Constitution.

Q2. What is the leading example of such a body today? NITI Aayog, which succeeded the Planning Commission and functions as a strategic and technical advisory think-tank for both Central and state governments.

Q3. Is the Inter-State Council an extra-constitutional device? No. It is established under Article 263 of the Constitution, which empowers the President to create such a council; it was actually set up through the Inter-State Council Order, 1990.

Q4. Who recommended the creation of the Inter-State Council? The Sarkaria Commission on Centre-state relations recommended a permanent inter-state council with the duties set out in clauses (b) and (c) of Article 263.

Q5. What is the Inter-State Council's composition? The Prime Minister as Chairman, Chief Ministers of all states, Chief Ministers of Union Territories with a Legislative Assembly, Administrators of Union Territories without one, and six Union Cabinet Ministers nominated by the Prime Minister.

Quick Revision

Extra-constitutional devices: advisory bodies and Central conferences promoting Centre-state coordination, not based on a specific constitutional provision.
NITI Aayog succeeded the Planning Commission; functions as a strategic/technical advisory think-tank fostering cooperative federalism.
Inter-State Council: constitutional (Article 263), recommended by the Sarkaria Commission, set up via the Inter-State Council Order, 1990.
Inter-State Council composition: PM (Chairman), state CMs, UT CMs (with legislature), UT Administrators (without legislature), 6 nominated Union Cabinet Ministers.
Second Commission on Centre-State Relations set up 27 April 2007 under Justice M.M. Punchhi to review coordination arrangements afresh.

Sources

Further Reference

For deeper reading on this topic and the wider polity syllabus, these standard works are recommended:

M. Laxmikanth, Indian Polity (McGraw Hill) — the standard UPSC handbook.
D.D. Basu, Introduction to the Constitution of India (LexisNexis) — authoritative constitutional-law treatment.
The Constitution of India — Bare Act — the official text.

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